Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at

September 6, 1977

Mr. William F. Black
Vice President
J.W. Bateson Company, Inc.
100 C Street, S.E.
Washington, D.C. 20003

Dear Mr. Black:

This is in response to your letter dated March 23, 1977, and confirms a recent telephone conversation with a member of my staff. Your letter concerned 29 CFR 1926.152 as it applies to Flintkote Trowel Mastic 710-23.

Subpart F of 29 CFR 1926 does not contain a definition of "liquid", therefore, in following 29 CFR 1910.5 and Chapter VIII of the Field Operations Manual you should go to 29 CFR 1910.106(a)(17) which defines "liquid" as:

...any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-5-65.

The definition would exempt Flintkote Trowel Mastic 710-23 from coverage by 29 CFR 1926.152 if the penetration of this material is in the 70 to 90 range.

If I can be of any further assistance, please feel free to contact me.


Richard P. Wilson
Deputy Director
Federal Compliance and State Programs